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<p>1823. Nov<hi rend="superscript">r.</hi> 21<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Constitutional Code or Procedure</head></p>
 
<p>Art. 4.  In this case it will be among the care of the Judge<lb/>
 
to see that the appearance of the self-constituted substitute be<lb/>
 
not for its object the <del><gap/></del> saving, the intended <add>proposed</add> pursuer from<lb/>
<del>meeting the proposed defendant <add>are in the first instance</add> <gap/> from <gap/>, the Judge</del><lb/>
such questions <del><gap/></del> as might <add>would</add> have had the effect of saving the<lb/>
intended Defendant from undue vexation and <add>or</add> expence.</p>
<p>Art. 5.  From the circumstances of the case the Judge<lb/>
will determine during what length of time the suit may with<lb/>
propriety be thus continued without authorization from the <del><gap/></del><lb/>
pursuer thus constituted pursuer <add>pursuer whose name <del>the</del> enters into the <unclear>composition</unclear> of the name of the suit</add>.</p>
<p>Art. 6.  In like manner the Judge will determine<lb/>
whether he can without risking <del><gap/></del> error <add>risk of injustice</add> in his decision<lb/>
pronounce any definitive decree in favour of the absent pursuer:<lb/>
he will not unless on hearing the intended Defendant<lb/>
he is satisfied that no matter of fact <del><gap/></del> capable of<lb/>
<unclear>deterring</unclear> the justice of the suit to be in favour of the Defendants<lb/>
side <add>had fallen within the cognizance of the proposed pursuer</add> could be extracted from the thus constituted pursuer<lb/>
if present <add>had he been present</add>, could had the thus constituted pursuer<lb/>
been present, have been extracted from his mouth.</p>
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Revision as of 02:34, 5 October 2024

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1823. Novr. 21
Constitutional Code or Procedure

Art. 4. In this case it will be among the care of the Judge
to see that the appearance of the self-constituted substitute be
not for its object the saving, the intended proposed pursuer from
meeting the proposed defendant are in the first instance from , the Judge
such questions as might would have had the effect of saving the
intended Defendant from undue vexation and or expence.

Art. 5. From the circumstances of the case the Judge
will determine during what length of time the suit may with
propriety be thus continued without authorization from the
pursuer thus constituted pursuer pursuer whose name the enters into the composition of the name of the suit.

Art. 6. In like manner the Judge will determine
whether he can without risking error risk of injustice in his decision
pronounce any definitive decree in favour of the absent pursuer:
he will not unless on hearing the intended Defendant
he is satisfied that no matter of fact capable of
deterring the justice of the suit to be in favour of the Defendants
side had fallen within the cognizance of the proposed pursuer could be extracted from the thus constituted pursuer
if present had he been present, could had the thus constituted pursuer
been present, have been extracted from his mouth.


Identifier: | JB/055/075/001"JB/" can not be assigned to a declared number type with value 55.

Date_1

1823-11-21

Marginal Summary Numbering

4-6

Box

055

Main Headings

Constitutional Code; Procedure Code

Folio number

075

Info in main headings field

Constitutional Code or Procedure

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

E2

Penner

Watermarks

Marginals

Jeremy Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

17796

Box Contents

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